Van Antwerp v. United States

DENMAN, Circuit Judge.

This is an appeal from a judgment in favor of the defendant, United States, in an action brought by plaintiff taxpayer, to recover income taxes for the year 1928, claimed to be illegally exacted and collected by distraint.

During 1927 and 1928 plaintiff was married. He and his wife filed a joint return in 1927, showing no tax due. For 1928, they filed separate returns. Taxpayer’s separate return consisted of (in round figures) $11,000 interest upon an investment in the firm of E. F. Hutton & Co., dividends from the same source amounting to $200, and a distributive share…